Hampton police cleared in excessive force lawsuit

HAMPTON — A federal jury exonerated two Hampton police officers accused of using excessive force when they arrested a man on charges of disorderly conduct outside of Stacey Jane's Grille & Bar.

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By Patrick Cronin

seacoastonline.com

By Patrick Cronin

Posted Dec. 20, 2013 at 2:00 AM

By Patrick Cronin

Posted Dec. 20, 2013 at 2:00 AM

» Social News

HAMPTON — A federal jury exonerated two Hampton police officers accused of using excessive force when they arrested a man on charges of disorderly conduct outside of Stacey Jane's Grille & Bar.

Frederick Fortin of Haverhill, Mass., filed the civil suit in 2012, claiming officers Steven Tousignant and Robert Turcotte were "reckless and unreasonable" when they arrested him in 2009. In the suit, which also named the town of Hampton as a defendant, Fortin claimed he was falsely arrested and racked up more than $70,000 in medical bills due to injuries he says were sustained at the hands of the officers.

After a four-day trial, the jury unanimously ruled the same day as closing arguments on Dec. 12 that Fortin did not prove his excessive force or battery claims by "a preponderance of the evidence."

A federal judge had previously dismissed Fortin's claims regarding false arrest because he later pleaded guilty to the disorderly conduct charge.

Judge Paul J. Barbadoro also rejected claims that Fortin's arrest was in retaliation for invoking his First Amendment rights and dismissed the excessive force claims against another officer, as there was not evidence presented to support his claim.

According to the jury instructions, the jury had to decide whether to believe Fortin or the officers after weighing all the evidence presented. To prove excessive force, Fortin had to make the case that the officers actions were unreasonable under the circumstances.

Fortin alleged in the lawsuit that on Aug. 23, 2009, he was having dinner and drinks at Stacey Jane's on Ocean Boulevard with friends. He claimed that when he exited the bar, he saw two officers attempting to remove patrons who were outside smoking cigarettes in a narrow alleyway on the side of the building.

Fortin claimed he told an officer, who had just arrived, that he believed what the officers were doing was wrong and wanted their badge numbers and names. It was at that point that Fortin alleged an officer picked him up from behind and slammed him hard to the ground and arrested him for disorderly conduct.

Fortin claimed that due to the officer's actions, he suffered a rib and vertebral fracture and rotator cuff tear and ended up spending $74,999 in medical bills.

But Fortin's account of what happened differed from the department's account, which painted him as being unruly and causing a disturbance after he exited the bar at midnight. In its answer to the complaint, the town asserted the officers were moving bar patrons along when Fortin repeatedly attempted to engage the officers, yelling and swearing at them.

When police informed Fortin he was under arrest for causing a disturbance, the town claimed Fortin resisted and the officers were required to "bring him to the ground for his safety and theirs."

Attorneys for the town noted in court documents that Fortin's medical records do not support his claim and that his shoulder injury was treated five months after his arrest. They also noted Fortin could not identify the officer who was accused of the excessive force.